Scott J. Bornstein

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Scott J. Bornstein — Patent Litigation Practice Summary

Specialty / focus areas. Bornstein's practice is broad-spectrum patent litigation rather than a single technology niche. Chambers and Legal 500 describe him as handling high-stakes patent matters across pharmaceuticals, electronics, and consumer products, and the matters listed on his firm profile span LED/display panel assemblies and backlighting, avionics and terrain-awareness systems, GPS/navigation devices, e-commerce and web-authentication software, financial services patents, and aluminum alloys and other mechanical/materials technologies. His pharmaceutical work is significant — IAM Patent 1000 credits the Greenberg Traurig team, with Bornstein, with defending Moderna against Promosome's patent claims over the COVID-19 vaccine, and his tracked defense work includes a diazepam nasal-spray dispute in the Neurelis/Amneal matter. His firm's ITC practice, which he leads, handles Section 337 work in consumer electronics and tobacco/vapor products.

Side preference. He works predominantly on the defense side but not exclusively. Of the four tracked appearances, three are for defendants (including both Neurelis, Inc. v. Amneal Pharmaceuticals entries, where he was lead trial counsel in one and lead counsel in the other) and one is on the plaintiff side. That plaintiff-side matter — Innovative Display Technologies LLC v. Microsoft Corp. (E.D. Tex., Judge Gilstrap), where he is listed as lead counsel — involved an Acacia Research-affiliated entity asserting LED backlight patents against Microsoft after a prior license expired, making it a notable NPE-side engagement relative to an otherwise defense-heavy docket. His published case history is likewise mostly defense of operating companies (Garmin, General Mills, Reynolds, Pentair, Alcoa, Skechers, 3M, Google, Charles Schwab/TD Ameritrade, LG Electronics), with occasional affirmative assertions such as Alcoa v. Alcan.

Firm context. He has been at Greenberg Traurig since 2002 and is now Executive Vice President and Co-Managing Shareholder of the firm's New York office, and Co-Chair of both the Global Intellectual Property & Technology Practice and the Global Patent Litigation Group. Public sources do not name the New York IP firm where he practiced before joining Greenberg Traurig (he has said he began there as a summer associate and worked on matters for Johnson & Johnson and B. Braun Medical, clients he continued to represent). He is not in-house.

Notable cases, PTAB, and credentials. Reported results include summary judgment of invalidity and non-infringement against over 100 asserted claims for Universal Avionics in Honeywell v. Universal Avionics (D. Del.), with oral argument on the Federal Circuit appeal; a defense jury verdict of non-infringement for Reynolds Consumer Products in an E.D. Tex. patent-holding-company case; dismissal of Furnace Brook's claims against Levi Strauss, Dick's Sporting Goods, and Aeropostale on collateral estoppel grounds (N.D. Ill., affirmed on appeal); and § 101 invalidation of all asserted claims in the Glory Licensing matters. On post-grant work, he appears in PTAB proceedings — he was named backup counsel for patent owner Biofer S.p.A. in IPR2022-01608 and has represented Limelight Networks in a series of IPRs against Akamai — and his firm profile lists extensive IPR/reexamination activity, though he does not appear to be a first-chair PTAB practitioner in the way he is a district court trial lawyer. Note that the outcome of the tracked Neurelis v. Amneal matter was not verifiable from the sources reviewed here, and I could not independently confirm counsel of record on the IDT v. Microsoft docket beyond the tracked data. He holds a J.D. from Temple University Beasley School of Law and has been admitted to practice in New York since 1996.